- 1 - NC: 2025:KHC:4968 CRL.P No. 14129 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14129 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI MADHU S/O CHANDRAPPA AGED ABOUT 32 YEARS R/AT 184, 3RD MAI, 4TH CROSS NEAR ASHWANI SCHOOL, LAVAKUSHA NAGARA BANGALORE CITY – 560 058 …PETITIONER (BY SRI. PRAKASH R., ADVOCATE) AND: STATE OF KARNATAKA RAJAGOPAL NAGAR POLICE BANGALORE CITY – 560 010 REP. BY SPP, HIGH COURT OF KARNATAKA BENGALURU – 560 001 …RESPONDENT (BY SRI. HARISH GOMAPATI, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE PETITIONER AND DIRECT THE COMPLIANT POLICE THAT IS RAJAGOPALNAGAR POLICE STATION TO RELEASE HIM ON BAIL, IN THE EVENT OF ARREST U/S.399, 402 OF IPC IN CRIME NO.305/2014 C.C.NO.24361/2017. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4968 CRL.P No. 14129 of 2024 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard learned counsel for the petitioner and learned High Court Government Pleader for the State and perused the material on record. 2. In FIR No.305/17 of Rajagopalnagar police station registered for the offence under Section 399, 402 IPC, petitioner is arraigned as accused No.2 in the FIR. 3. FIR is registered on a suo motu complaint lodged by the Police Inspector of Rajagopalnagar police station on 11.3.2017 against 10 accused. 4. It is alleged that the accused had assembled at a coconut grove near Hegganahalli Main Road, behind Government Hospital, armed with deadly weapons, making preparations to commit dacoity. - 3 - NC: 2025:KHC:4968 CRL.P No. 14129 of 2024 5. Six of the accused were apprehended from the spot whereas, four others escaped. Petitioner is said to be one of the accused who has absconded. 6. Charge sheet is filed against accused Nos.1 to 10 under Section 399 and 402 of IPC. Petitioner is shown as accused No.8 in the charge sheet. 7. The material on record reveal that, petitioner voluntarily surrendered before the Court in connection with a case registered in Crime No.326/2019 of Kamakshipalya police station Bengaluru, registered for the offence punishable under Section 302 of IPC. After undergoing incarceration for a period of 4 years 7 days, petitioner was released on bail on 29.4.2024 in the said case. 8. It is contended by the learned counsel that the police have not sought for the custody of the petitioner in this case. 9. Admittedly, the petitioner was not apprehended at the spot. It appears, that, on the basis of the voluntary - 4 - NC: 2025:KHC:4968 CRL.P No. 14129 of 2024 statement of the co-accused, he is named as an accused in the FIR. He has been shown as absconding in the charge sheet. A split-up case has been registered. In view of the long pendency of the case and issuance of NBW, petitioner is not entitled for the relief of anticipatory bail. However, he may be given an opportunity to appear before the jurisdictional Magistrate and file necessary application for recalling the NBW and seeking bail. If such an application is filed by the petitioner within a period of 15 days from today, the learned Magistrate shall consider the same and enlarge the petitioner on bail imposing such terms and conditions, which he deems fit in the facts and circumstances of the case. Petitioner shall strictly comply all the conditions. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE rs List No.: 1 Sl No.: 30